Skip to Content
Serving Clients Throughout Long Island and the Five Boroughs Free Consultations 888-966-8480

Can I Receive Workers’ Comp if I Was at Fault for the Accident?

Serving Families Throughout Garden City

The short answer to this question is, yes, you can still receive workers’ compensation benefits, even if the accident was your fault. The workers’ compensation system is not fault-based, so regardless of who might be responsible for your injuries, you will still be eligible for these important benefits. That said, there are some exceptions to this, particularly if any kind of misconduct was involved.

Injuries Not Covered by Workers’ Compensation

Although most injuries are covered by workers’ compensation insurance, incidents involving misconduct are often excluded from these benefits.

If your workplace injuries involved any of the following, you might not be eligible for benefits:

  • Horseplay: If you were engaging in horseplay at the time of your accident, that kind of behavior likely does not fall within the scope of your employment, which means you would probably not receive any benefits for your injuries.
  • Intoxication: If you were drinking or under the influence of recreational drugs at the time of your accident, your injuries would likely not be eligible for workers’ compensation benefits. If you can prove that the accident would have occurred regardless of your intoxication levels, you might still be able to receive workers’ compensation benefits.
  • Commuting: If you were involved in an accident during your commute to work, resulting in injuries, they would not be covered by workers’ compensation. However, if you were driving a company car and running work errands when you were injured in an accident on the road, you would likely be eligible for benefits.
  • Self-inflicted: If the insurance company believes you caused your injuries on purpose, not only would you not qualify for workers’ compensation benefits, but this would also be a case of insurance fraud, which can get you into some seriously hot water.

Additionally, if you were acting against your company’s policies and disregarding safety regulations at the time of your accident, the injuries you sustained might not be eligible for workers’ compensation benefits. If you are unsure if your injuries qualify for workers’ compensation benefits, schedule a consultation with an attorney to find out.

Speak to a Knowledgeable Workers’ Compensation Attorney at Foley Griffin

If you were injured while performing your job duties, contact the experienced workers’ compensation team at Foley Griffin to ensure you obtain the benefits you need while you recover from your injuries. Even if you were at fault for the accident that resulted in your injuries, you are still likely entitled to these benefits, so do not put off securing knowledgeable legal representation to protect your rights as an injured employee. Our team has been representing injured employees since 1997, securing favorable results on their behalf, and would be honored to do the same for you.

Contact the workers’ compensation team at (888) 966-8480 to schedule a free initial case review with a compassionate member of our team to discuss the details of your case.